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Madras High CourtCRL OP/25197/2022dismissed

D.Ellappan v. The Inspector Of Police

2022-10-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.No.25197 of 2022 Crl.O.P.No.25197 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 31.12.2021 for the offences punishable under Sections 366, 342, 354(A), 323, 506(i), 346, 376(2)(k), 114, 508, 506(ii) of IPC r/w Sections 8, 7, 5(l), 6, 17 of Protection of Children from Sexual Offence Act, 2012, in Crime No.22 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons kidnapped the victim girl and committed rape on her. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not involve in the crime as alleged by the prosecution. The petitioner was arrested and remanded to judicial custody on 31.12.2021. Hence, he sought for bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that there are totally three accused, in which the petitioner is arrayed as A1. All the three accused, kidnapped the victim girl and committed rape on her. On perusal of the statement recorded under Section 164 of Cr.P.C. revealed that she was kidnapped by all the accused in an auto and committed rape on her. Again all the accused assaulted the victim girl and raped her. Therefore, she was admitted in the hospital and discharged after three days. Hence, he vehemently opposed to grant bail to the petitioner.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.25197 of 2022 G.K.ILANTHIRAIYAN, J.

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5. It is seen that the petitioner, on the pretext of worship, committed very serious and heinous offence as against the minor girl repeatedly. Fortunately, she was rescued from the accused. Thereafter, she was admitted in the hospital and had taken treatment as in-patient.

6. Taking into consideration the bad antecedents of the petitioner, this Court had dismissed the earlier petition filed by the petitioner and that there is absolutely no change of circumstances, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 18.10.2022 mn Crl.O.P.No.25197 of 2022 https://www.mhc.tn.gov.in/judis